HomeMy WebLinkAboutT-5137 - Agreement/Covenant - 6/8/2005 (2) f
WHEN RECORDED MAIL TO:
City Clea
City of Fresno
2800 Fresno Street
Fresno,CA 93721-3803
NO FEE-Government Code 8103
City of
FRES140i
PUBLIC WORKS DEPARTMENT
2600 Fresno Street
Fresno, California 93721-3616
(559)621-8650
P.W. File No. 10676
SUBDIVISION AGREEMENT
TRACT NO. 5137
5
Subdivision Agreement
Tract No. 5137
Page 2
THIS AGREEMENT is made this / 41 day of A)Ot , 20 O,r,
by and between the City of Fresno, a Municipal Corporation, hereinafter designated and called
the"City,"and CENTEX HOMES,a Nevada General Partnership, 1840 South Central Avenue,
Visalia, California 93277, hereinafter designated and called the"Subdivider,"without regard for
number or Gender.
RECITALS
A. The Subdivider has presented to the City a certain final map of a proposed
subdivision of land owned by the Subdivider and located within the corporate limits of the City
known and described as Tract No. 5137 (hereinafter referred to as the "Final Map" and
incorporated into this agreement by this reference) and has requested the City to accept the
dedications delineated and shown on the Final Map for the use and purposes specified thereon,
and to otherwise approve the Final Map in order that the same may be recorded, as required by
law.
B. The City requires,as a condition precedent to the acceptance and approval of the
Final Map, the dedication of such streets, highways and public places and easements as are
delineated and shown on the Final Map, and deems the same as necessary for the public use,
and also requires that any and all streets delineated and shown on the Final Map shall be
improved by the construction and the installation of the improvements hereinafter specified.
C. Section 12-1014 of the Municipal Code of the City of Fresno requires the Subdivider
Subdivision Agreement
Tract No. 5137
Page 3
to enter into this Agreement with the City whereby Subdivider agrees to do, perform and complete
the work and matters required as Conditions of Approval for Tentative Map No.5137/UGM dated
February 19, 2003 issued by the City and any amendments thereto (hereinafter referred to as
"Conditions of Approval"and incorporated into this agreement by this reference), hereinafter set
forth in detail, within the time hereinafter mentioned, in consideration of the acceptance of the
offers of dedication by the City of Fresno.
D. The Subdividerdesires to construct the improvements and develop the subdivision.
E. The Subdivider hereby warrants that any and all parties having record title interest
in the Final Map which may ripen into a fee have subordinated to this instrument and that all such
instruments of subordination, if any, are attached hereto and made a part of this instrument
AGREEMENT
In consideration of the acceptance of the offers of dedication of the streets, highways,
public ways, easements and facilities as shown and delineated on the Final Map, and in
consideration of finding of substantial compliance with said tentative map, it is mutually agreed
and understood by and between the Subdivider and the City, and the Subdivider and the City do
hereby mutually agree as follows:
1. The Subdivision is subject to the following:
a. The work and improvements shall be performed hereinafter specified on or
before one(1)year of the date of this agreement,except as noted below.
b. The Sidewalk and driveway approach construction for the interior lots of the
subdivision shall be completed on or before two (2)years of the date of
this agreement.
C. The Street Tres required for each lot shall be planted upon occupancy of
each lot. The Subdivider shall notify the Public Works Department -
Subdivision Agreement
Tract No. 5137
Page 4
Construction Management Division of the planting schedules. All species
of Street Trees to be planted in the subdivision shall be as approved by the
City Engineer. The responsibility to provide and plant, or to inspect the
required Street Tree planting, shall be in accordance with the Street Trees
fees paid in EXHIBIT "B," attached hereto and made a part of this
Agreement.
d. The Issuance of building permits for any structure within the subdivision
shall conform to the requirements of the prevailing Uniform Fire Code
(UFC). The Subdivider's attention is particularly called to Part 111, Article 9
of UFC relating to Fire Department access and water supply. No building
permit shall be issued until all Fire Department access and fire fighting
water supply requirements have been met. No occupancy permit shall be
issued until all Fire Department requirements for occupancy have been met.
The issuance of any occupancy permits by the City for dwellings located
within said subdivision shall not be construed in any manner to constitute
an acceptance and approval of any or all of the streets and improvements
in the subdivision.
e. No certificates of occupancy will be issued nor any human occupancy
allowed for any building on any lot of the subdivision until permanent
sanitary sewer and water service is determined to exist by the Director of
Public Utilities Department.
f. When a delay occurs due to unforeseen causes beyond the control and
without the fault or negligence of the Subdivider, the time of completion
may be extended for a period justified by the effect of such delay on the
completion of the work. The Subdivider shall file a written request for a
time extension with the Director of Public Works prior to the above noted
date, who shall ascertain the facts and determine the extent of justifiable
delays,if any. Extension of time for completion of improvements(including
street trees planting)may be granted by the Public Works Director with an
extension fee from the current Master Fee Schedule based upon the initial
estimated total improvement cost. The Director of Public Works shall give
the Subdivider written notice of his determination in writing,which shall be
final and conclusive.
2. The work and improvements,more specifically shown on the referenced plans and
made a part hereof,shall be done in accordance with the construction standards contained in the
Subdivision Agreement
Tract No. 5137
Page 5
2002 Edition of the City of Fresno Standard Specifications and Drawings(City Council Resolution
No. 70-36 and Resolution No. 84-361) and any amendments thereto, (hereinafter referred to as
"Public Works Standards") at the sole cost and expense of the Subdivider including all costs of
engineering, inspection and testing.
3. The work and improvements are as follows:
a. Set all landmarks, monuments and lot comers required to locate land
divisions shown on the Final Map.
Pursuant to Section 66497 of the State Subdivision Map Act, prior to the City's final
acceptance of the subdivision and release of securities, the Subdivider shall submit
evidence to the City of Fresno of payment and receipt thereof by the Subdivider's engineer
or surveyor for the final setting of all monuments required In the subdivision.
b. All utility systems shall be installed underground. Subdivider's attention is
directed to the installation of street lights in accordance with Resolution No.78-522 or any
amendments or modifications which may be adopted by Council prior to the actual
installation of the lights. The Subdivider shall construct a complete underground street
light system as approved by the City Engineer prior to final acceptance of the subdivision.
Height, type, spacing, etc. of standards and luminaires shall be in accordance with
Resolution Nos. 78-522 and W229 or any amendments or modifications which may be
adopted by Council prior to the actual installation of the lights and shall be approved by the
City Engineer.
C. Water main extensions and services shall be provided in accordance with
applicable provisions of Chapter 14, Article 1 of the Fresno Municipal Code and all
applicable charges shall apply.
d. Sanitary sewer extensions and services shall be provided in accordance
with applicable provisions of Chapter 9, Article 5 of the Fresno Municipal Code and all
applicable charges shall apply.
e. Lot drainage shall be in accordance with Section 13-120.3315 of the Fresno
Municipal Code.
f. All "dead-end" streets created by this subdivision shall be barricaded in
Subdivision Agreement
Tract No. 5137
Page 6
accordance with Public Works Standards within seven(7)days from the time said streets
are surfaced, or as directed by the City Engineer.
g. Any temporary storm water retention basins constructed or enlarged to
serve this tract shall be fenced in accordance with Public Works Standards within seven
(7)days from the time said basins become operational,or as directed by the City Engineer.
h. Wet-Ties shall be in accordance Sections 14107 and 14-111 of the Fresno
Municipal Code. The amounts identified as "Wet-Tie Charges" are estimates only and
serve as a deposit to cover the actual cost of construction. Should the actual construction
cost be less than the deposit, the Subdivider shall be refunded the excess. Should the
actual construction cost be greater than the deposit, the Subdivider shall be billed by the
City of Fresno for the difference and shall be directly responsible for payment.
i. The Subdivider shall install the fencing/walls, landscaping and irrigation
system, in accordance with the approved improvement plans (i.e., Landscape and
Irrigation Plans, Grading Plans), within the Landscape Easement area required in the
Conditions of Approval and delineated on the Final Map.
The Subdivider has elected to satisfy Subdividees obligation to maintain the
landscaping and irrigation systems within certain landscape easement area by agreeing
to annex the Subdivision into the City's Community Facilities District No. 2 (CFI?-2) and
agreeing to maintain such landscaping and irrigation systems pursuant to a covenant until
the Subdivision is duly annexed into the CFD-2 and such CFD-2 is responsible for the
maintenance thereafter. The Subdivider shall provide each prospective purchaser, a
Notice of Special Tax in accordance with the provisions of Section 53341.5 of the
California Government Code.
The improvement plans for such landscaping and irrigation system shall be
prepared by a licensed Landscape Architect, certified irrigation designer or other persons
with landscaping and irrigation design expertise acceptable to the Planning and
Development Director.
j. Perform and construct all work shown on the following construction plans
and any amendments thereto :
i. City Drawing Nos:15-C-11970 through 15-C-11980(street plans);
4-C-799 (street light plans): 10-0-8721 through 10-0-8729(water and sewer
plans); and
ii. Fresno Metropolitan Flood Control District Drawing Nos:CK-7-1
through CK-7-6.
Subdivision Agreement
Tract No. 5137
Page 7
Install and complete all other street improvements required by Section 12-1012 of the
Fresno Municipal Code in accordance with the Public Works Standards and the
construction plans.
k. Prior to approval of the Final Map by the City, the Subdivider shall pay to
the City and/or execute a covenant to defer certain impact fees due which are eligible to
be deferred by relevant FMC provisions,the total fees and charges due as a condition of
Final Map approval. The total fees and charges are more particularly itemized and made
a part of this agreement in the attached Exhibit"B."
1. In connection with assigning figures setforth in Exhibits"A"and°B,"the City
has made its best faith efforts at predicting the amounts to be credited as reimbursements
for improvements that will benefit other properties. Because the subject improvements
have not been completed at the time of execution of this agreement, the actual cost of
construction is not yet known. Some degree of reasonable estimation is incorporated into
the calculations.Subdivider agrees that these figures represent City's best estimates only
and that they are subject to fluctuation following calculation of actual construction costs
after improvement completion and acceptance. It is further subject to Subdivider's
submission and City review of a financial accounting which sets forth those actual costs,
and the application, by City,of all relevant Fresno Municipal Code provisions which relate
to the Subdivider's payment of fees and reimbursement thereto. This would include any
pertinent provisions contained within City's Master Fee Schedule which would also apply
to the payment of fees or reimbursements.
4. It is agreed that the City shall inspect all work. All of the work and improvements
and materials shall be done, performed and installed in strict accordance with the approved
construction plans for said work on file with the City Engineer and the Public Works Standards,
which said construction plans and Public Works Standards are hereby referred to and adopted
and made a part of this Agreement. In case there are not any Public Works Standards for any of
said work, it is agreed that the same shall be done and performed in accordance with the
standards and specifications of the State of California, Division of Highways. All of said work and
improvements and materials shall be done, performed and installed under the inspection of and
Subdivision Agreement
Tract No. 5137
Page 8
to the satisfaction of the City Engineer.
5. Prior to the approval by the Fresno City Council of the Final Map, the Subdivider
shall fumish to the City the following improvement securities in the amounts more particularly
itemized in Exhibit A. Bonds shall be by one or more duly authorized corporate sureties licenced
to do business in Calffomia subject to the approval of the City and on forms fumished by the City.
a. PERFORMANCE SECURITY. Total amount to equal to 100%of the Final
Cost Estimated to be conditioned upon the faithful performance of this Agreement.
i. 95% of the final Cost Estimate shall be in the form of a bond or
irrevocable instrument of credit; and
ii. 5% of the final Cost Estimate shall be in cash or a certificate of
deposit.
b. PAYMENT SECURITY. Total amount to equal to 50% of the Final Cost
Estimated to secure payment to all contractors and subcontractors performing work on said
improvements and all persons furnishing labor, materials or equipment to them for said
improvements. Payment Security shall be in the forth of a bond or irrevocable instrument
of credit.
C. Any and all other improvement security as required by Section 12-1016 of
the Fresno Municipal Code.
6. On acceptance of the required work by the City Engineer,a warranty security shall
be fumished to or retained by the City, in the minimum amount identified in said Exhibit A, for
guarantee and warranty of the work for a period of one(1)year following acceptance against any
defective work or labor done or defective materials fumished. In accordance with Section 12-1016
of the Fresno Municipal Code, said warranty security shall be in the form of cash or a Certificate
of Deposit. The warranty security shall be returned to the Subdivider, less any amount required
to be used for fulfillment of the warranty one (1)year after final acceptance of the subdivision
Subdivision Agreement
Tract No. 5137
Page 9
improvement.
7. This Agreement shall in no way be construed as a grant by the City of any rights
to the Subdivider to trespass upon land rightfully in the possession of, or owned by, another,
whether such land be privately or publicly owned.
8. The City shall not be liable to the Subdivider or to any other person, firm or
corporation whatsoever, for any injury or damage that may result to any person or property by or
from any cause whatsoever in, on or about the subdivision of said land covered by this
Agreement,or any part thereof. The Subdivider hereby releases and agrees to indemnify,defend,
and save the City harmless from and against any and all injuries to and deaths of persons, and
all claims, demands, costs,loss,damage and liability, howsoever same may be caused, resulting
directly or indirectly from the performance of any or all work to be done in and upon the street
rights-of-way in said subdivision and upon the premises adjacent thereto pursuant to this
Agreement, and also from all injuries to and deaths of persons, and all claims, demands, costs,
loss, damage and liability, howsoever same may be caused, either directly or indirectly made or
suffered by the Subdivider, the Subdividers agents, employees and subcontractors, while
engaged in the performance of said work. The Subdivider further agrees that the use for any
purpose and by any person of any and all of the streets and improvements hereinbefore specified,
shall be at the sole and exclusive risk of the Subdivider at all times prior to final acceptance by the
City of the completed street and other improvements thereon and therein.
9. The Subdivider shall remedy any defective work or labor or any defective materials
and pay for any damage to other work resulting therefrom which shall occur within a period of one
(1) year from the date of acceptance of the work.
Subdivision Agreement
Tract No. 5137
Page 10
10. The Subdivider and his subcontractors shall pay for any materials, provisions,and
other supplies used in,upon,for,or about the performance of the work contracted to be done,and
for any work or labor thereon of any kind, and for amounts due under the Unemployment
Insurance Act of the State of California,with respect to such work or labor, and shall file with the
City pursuant to Section 3800 of the Labor Code, a Certificate of Workers' Compensation and
shall maintain a valid policy of Workers' Compensation Insurance for the duration of the period
of construction.
11. Initial soils compaction testing for public utility improvement work within the
right-of-way shall be ordered by and paid for by the City of Fresno. Public utility improvements
shall include street surface improvements, sanitary and storm sewers, City water facilities and
irrigation lines. All other compaction testing for private utility installations shall be paid for by the
Subdivider or his agent. Compaction testing performed for determination of compliance with
Public Works Standards shall at all times remain under the control and direction of the City
Engineer who shall determine locations and depths to be tested. Any compaction tests failing to
meet the City's requirements shall be reordered by the City and paid for by the Subdivider or his
agent. Billing for the private utility tests and any required retesting due to failures shall be made
directly to the Subdivider or his agent.
12. The Subdivider shall comply with Street, Plumbing, Building, Electrical, Zoning
Codes and any other codes of the City of Fresno.
13. It shall be the responsibility of the Subdivider to coordinate all work done by his
contractors and subcontractors, such as scheduling the sequence of operations and the
determination of liability if one operation delays another. In no case shall representatives of the
Subdivision Agreement
Tract No. 5137
Page 11
City of Fresno be placed in the position of making decisions that are the responsibility of the
Subdivider. It shall further be the responsibility of the Subdivider to give the City Engineer written
notice not less than two (2) working days in advance of the actual date on which work is to be
started. Failure on the part of the Subdivider to notify the City Engineer may cause delay for
which the Subdivider shall be solely responsible.
14. Whenever the Subdivider varies the period during which work is carried on each
day, he shall give due notice to the City Engineer so that proper inspection may be provided. If
Subdivider fails to duly notify City as herein required, any work done in the absence of the
Engineer will be subject to rejection. The inspection of the work shall not relieve the Subdivider
of any of his obligations to fulfill the Agreement as prescribed. Defective work shall be made
good,and unsuitable materials may be rejected,notwithstanding the fact that such defective work
and unsuitable materials have been previously overlooked by the Engineer or Inspector and
accepted.
15. Any damage to the sewer system, concrete work or street paving that occurs after
installation shall be made good to the satisfaction of the City Engineer by the Subdivider before
release of bond, or final acceptance of completed work.
16. Adequate dust control shall be maintained by the Subdivider on all streets within
and without the subdivision on which work is required to be done under this Agreement from the
time work is first commenced in the subdivision until the paving of the streets is completed.
"Adequate dust control"as used herein shall mean the sprinkling of the streets with water or the
laying of an approved dust palliative thereon with sufficient frequency to prevent the scattering of
dust by wind or the activity of vehicles and equipment onto any street area or private property
Subdivision Agreement
Tract No. 5137
Page 12
adjacent to the subdivision. Whenever in the opinion of the City Engineer adequate dust control
is not being maintained on any street or streets as required by this paragraph, the City Engineer
shall give notice to the Subdivider to comply with the provisions of this paragraph forthwith. Such
notice may be personally served upon the Subdivider or, if the Subdivider is not an individual,
upon any person who has signed this Agreement on behalf of the Subdivider or, at the election
of the City Engineer, such notice may be mailed to the Subdivider at his address on file with the
City Engineer. If,within twenty-four(24)hours after such personal service of such notice or within
forty-eight(48) hours after the mailing thereof as herein provided, the Subdivider shall not have
commenced to maintain adequate dust control or shall at any time thereafter fail to maintain
adequate dust control,the City Engineer may,without further notice of any kind, cause any such
street or streets to be sprinkled or oiled, as he may deem advisable to eliminate the scattering of
dust,by equipment and personnel of City or by contract as the City Engineer shall determine, and
the Subdivider agrees to pay to City forthwith, upon receipt of billing therefor, the entire cost to
City of such sprinkling or treated. When the surfacing on any existing street is disturbed, this
surfacing shall be replaced with temporary or permanent surfacing within fourteen (14) calendar
days, and the roadway shall be maintained in a safe and passable condition at all times between
the commencement and final completion, and adequate dust control shall be maintained during
these operations.
17. Concrete curbs and gutters, the sanitary sewer system and house connections,
together with water mains, gas mains, and their respective service connections, shall be
completed in the streets and alleys before starting the street and alley surfacing.
Subdivision Agreement
Tract No. 5137
Page 13
18. Time is of the essence of this Agreement,and the same shall bind and inure to the
benefit of the parties hereto, their successors and assigns.
19. No assignment of this Agreement or of any duty or obligation of performance
hereunder shall be made in whole or in part by the Subdivider without the written consent of City.
Subdivision Agreement
Tract No. 5137
Page 14
The parties have executed this Agreement on the day and year first above written.
CITY OF FRESNO, SUBDIVIDER
a Municipal Corporation
CENTEX HOMES,
a Nevada General Partnership
DAVID D. HEALEY, Director
Public Works Department by: Managing General Partner
CENTEX REAL ESTATE CORPORATION,
a Nevada Corporation
by:
Da ' etch, Division Manager
(Attach Notary Acknowledgment)
APPROVED AS TO FORM:
HILDA CANTO MONTOY
City Attorney
By: fQ
Deputy
JB+AK 01-10-05
CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On April 15,2005, before me, Elvia Sommerville, Deputy City Clerk, personally appeared,
M.T. Kirn, Assistant Public Works Director, known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument(s) the person(s), or the
entity upon behalf of the City of Fresno of which the person(s) acted, executed the instrument.
WITNESS my hand and official City Seal.
REBECCA E. KL ISCH, CMC
CITY CLERK
By?.S�
Deputy April 15,2005(3:05pm)
EXHIBIT A Subdivision Agreement for Tract 5137
A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES
Water System Construction Cost Estimate $179,780
Well Construction Cost Estimate $0
Sewer System Construction Cost Estimate $140,035
Street Construction Cost Estimate $926,045
Final Cost Estimate(for Inspection Fee purposes) $1,245,860
276 Landmarks, Monuments, Lot& Block Corners($50/ea) $13,800
Sub-Total (for bonding purposes) $1,259,660
Construction Contingency(10%) $125,966
TOTAL COST ESTIMATE*
(for improvement securities purposes) $1,385,626 $1,386,000
*All amounts rounded to nearest$1000
B. IMPROVEMENT SECURITY REQUIREMENTS (due with subdivision agreement)
Performance Security (100%of Total Cost Estimate)
95% of amount shall be in the form of a bond by duly
authorized corporate sureties or irrevocable letter of
credit $1,317,000
5%of amount shall be in cash or a Certificate of Deposit $69,000
Payment Security (50%of Total Cost Estimate)
100%of amount shall be in the form of a bond by duly
authorized corporate sureties or irrevocable letter of
credit $693,000
Faithful Performance Security to Guarantee Completion of Plans
Street Plans $0
Utility Plans(Sewer.Water, Storm Water) $0
Street Light Plans $0
Landscaping/Irrigation/Walls $0
100%of amount shall be in cash or a Certificate of Deposit 1 $0
C. WARRANTY SECURITY REQUIREMENT*(due as condition of acceptance of the work)
5%of first$50,000 of the Total Cost Estimate $3,000
3% of next$50,000 $2,000
1% of next$400,000 $4,000
0.5% of amount over$500,000 $4,400
Minimum amount $13,400
EXHIBIT A v4/28/00 Prepared By: Frank Date: 01/20/05 Print Date:01/20/05 4:07:37 PM Pagel of 1
1
EXHIBIT B Subdivision Agreement for T- 5137 ,
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
A. MISCELLANEOUS FEES&CHARGES
1. INSPECTION FEE
$1 245 880 Final Cost Estimate over$500K $51 373.26
($20,793+4.1%of amount over$500K)
Less Inspection Fees paid with Early
Sewer/Water Construction Agreement $18 007.00
Less Inspection Fees paid with Early Street
Construction Agreement
Inspection Fee $33,366.261 $33 366.28
2. MONUMENT CHECK FEE
131 Lots and Outlots @ $30.00 per Lot 930.0 $3,930.001
(Min$200)
3. STREET SIGNS
11 Street Name Sign sets @ 173.00 per set $1 903.00 $1,903.001
�5 Waming/Regulatory signs @ $77.00 sign $385.00 $385.00
4. STREET TREES
DO City installed(15-gallon)Street Trees @ $129.00 per Tree na nal
152 Inspection Fee(when planted by subdivider) @ $30.00 per Tree $4 560.00 $4 560.00
�J Trees by Covenant(Resolution 98-129;2 trees/Lot fronting 50'streets)
S.STAMPED CONCRETE STREET PAVING MAINTENANCE
For the continued maintenance&
replacement of Stamped Concrete Paving @ $20.00 per SF na nal
6. STREET RIGHTS OF WAY ACQUISITIONICONSTRUCTION CHARGE per FMC 11-226(f)(B
Lum Sum Charge as established by Public Works Director na na
7. LANDSCAPE MAINTENANCE DISTRICT FEES(CFD-2)
131 Lots(anticipated maintenance cost) @ $281.85 per Lot $36 896.15
Lum Sum Other maintained features
Incidental expenses: legal fees,publications,mailings,
Lum Sum engineering,assessment district proceedings $3 500.00
Lum Sum Landscape area Field Inspection Fee-Parks @ $305.00 LS $305.00
Total $40 701.15 $40,701.151
$297.00 Estimated assessment per Lot(information only)
B. IRRIGATION PIPELINE(one-time maintenance fee)
[Lineal Feet @F-----$-5—.070per LF na nal
TOTAL MISCELLANEOUS FEES 8 CHARGES $84,845.41 $84,845.41
EXHIBIT B v11/01/01 Printed 0325/05 9:43:50 AM Page 1 of 4 Revised 03/25/05
EXHIBIT B Subdivision Agreement for T- 5137 NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED
28.4704 Gross Acres
24.8178 Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets
131 Units(residential)
R-1 Zoning
u m Input"ugm"if within the Urban Growth Management Area or"no"
1. LOCAL DRAINAGE FEES
CJ FMFCD Drainage Area
0.4081 lAcres per FMFCD @ $6 740 per Acre $2 751.00
CK FMFCD Drainage Area
28.0633 Acres per FMFCD @ $5 700 per Acre $159,961.00
Local Drainage Fee $162.71 .0 $162,712.2J0
2. SEWER CONNECTION CHARGES
(a)Lateral Sewer Charge
Frontage:lwPolk Avenue r-89.7 VQSF
Frontage:NTMcKinle Avenue 25 600 SF
Total Square Feet 11 311 SF
115 311 SF; sub-total Lateral Sewer Charge @ $0.10 per SF $11 531.10
Less estimated Lateral Sewer Charge Credits
Lateral Sewer Charge 11 9E.:10: $154.:635* $11 376.45
Fee Due for Lots under Early Issuance of Building Permits Agreement
ft Oversize Sewar Charge
25 UGM Reimbursement Area
Frontage: N.Polk Avenue 21,51 flSF
Frontage: W.McKinley Avenue 25,600 SF
UGM Reimbursement Area
ron age:IN.Polkvenue ®SF
Total Square Feet 115,311 SF
115 311 SF;sub-total Oversize Sewer Charge @ $0.05 per SF 5 765.55
Less estimated Oversize Credits
Less estimated Overdepth Credits
Oversize Sewer Charge 5 65.55 $77.L3j* $5,688.22
(c)Trunk Sewer Charge
F—"Com--e—fi-al Trunk Sewer Service Area
131 Units @ $419.00 per Unit 54 889.00 $54 889.00
(d)Wastewater Facilities Charge
Fee to be paid at the rate in effect at time of issuance of building permit.The fee rate currently in effect is$2,119 per Unit(FMC 9-503-b)
(e Sewer Capacity Enhancement Charge
Cornelia Trunk Sewer Service Area
1311 Units @ $0.00 per Unit 0.00 1 $0.00
( Copper Avenue Sewer Lift Station Benefit Service Area Charge ® �
0 Units @� $6�50.00�per Unit na nal'
EXHIBITS A 1/01/01 Printed 03/25/05 9:43:50 AM Page 2 of 4 Revised 03/25/05
EXHIBIT B Subdivision Agreement for T- 5137 NETAMOUNT AMOUNT
EXTENSION DUE DEFERRED
( Fowler Trunk Sewer Interim Fee Surety
Units @ $1000.00 per Unit na na
Payable at the rate in effect at time of issuance of Certificate of Occupancy.
The fee rate currently in effect is$1000 per Living Unit or Living Unit
Equivient.
3. WATER CONNECTION CHARGES
(a)Time&Material Charges("Wet-Tie")
2004 0520 Estimate Number
4982 Water Job Number
Estimated Deposit(FMC 14-111-f) 14 300.00 $0.00(83)
(B3) Deposit paid with Early Construction Agreement
(bil Service Connection Charges
1281 1"Meters to existing services @ $330.00 each 4 240.00 $0.00 $42.240.001
111-1/2"Meters to existing services @ $455.00 each $455.00 $0.001 $455.00
(0)Landscape Service Connection Charges
2 2"Meters to existing services @ $530.00 each �i $1 060.00
(c)Frontage Charge
256 LF; sub-total Frontage Charge(full rate) @ $6.50 per LF $1,664.00
Sub-Total Frontage Charge $1 664.00
Less estimated Frontage Charge Credits
Frontage Charge
(d Transmission Grid Main Charge
B UGM Reimbursement Area
28.4704 Gross Acres @ $643.00 per Gr Acre $18 306.47
Less Estimated TGM Construction Credits $18 894.00
Transmission Grid Main Charge 0.00 1 $0201* Paid w/Credits
(e)Transmission Grid Main Bond Debt Service Charge
28.4704 Gross Acres @ $243.00 per Gr Acre $6,918.31
Less Estimated TGM Bond Debt Service Charge Credits
Transmission Grid Main Bond Debt Service Charge6 918.31 •• $92.78• $6 825.53
( UGM Water Supply Fee
301s Supply Well Service Area
131 Living Units(residential) @ $508.00 per Unit $86 548.00
Less Estimated UGM Water Supply Fee Construction Credits
UGM Water Supply Fee 66 48.0 $66 548.00
( Well Head Treatment Fee
301 Well Head Treatment Service Area
131 Living Units(residential) @ $221.00 per Unit $28 951.00
Less Estimated Well Head Treatment Fee Construction Credits
Well Head Treatment Fee $29,951.001 1 $28,951.
(hl Recharge Fee
301 Recharge Service Area
1311 Living Units(residential) @ $0.00 per Unit
EXHIBIT B v11/01/01 Printed 03/25105 9:43:50 AM Page 3 of 4 Revised 03/25/05
EXHIBIT B Subdivision Agreement for T- 5137 NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
(1)19"Bond Debt Service Fee
301 1994 Bond Debt Service Fee Service Area
131 Living Units(residential) @ $60.00 per Unit
Less Estimated 1994 Bond Debt Service Fee Construction Credits
1994 Bond Debt Service Fee $7,860-0-01 $120.LOI* $7 740.00
4. URBAN GROWTH MANAGEMENT(UGM)FEES&CONSTRUCTION CREDITS
(a)UGM FIRE STATION FEE
16 Fire Station Service Area
28.4704 Gross Acres @ $1 242.00 per Gr Acre $35 360.24 $474.19' $34 886.05
(b)UGM NEIGHBORHOOD PARK FEE
4 Neighborhood Park Service Area
28.4704 Gross Acres @ $1 783.00 per Gr Acre $50 762.72 $680.75 ' $50 081.97
(c)UGM MAJOR STREET CHARGE
E-4 Major Street Zone
24.8178 Adjusted Gross Acres @ $3 551.00 per AG Ac $88 128.01
Less Estimated Major Street Charge Construction Credits $59 640.00
Major Street Charge $28,488.011 $382.26 ' $28 105.75
(d)UGM MAJOR STREET BRIDGE CHARGE
E 4 Major Street Bridge Zone
24.8178 Adjusted Gross Acres @ $196.00 per AG Ac $4 864.29
Less Estimated Major Street Bridge Charge Construction Credits
Major Street Bridge Charge 4 864. 9 $65.25' $4,799.04
(e UG�E SEPARATION CHARGE
E-4-A Grade Separation Service Area
24.8178 Adjusted Gross Acres @ 0.00 per AG Ac ria
( UGM TRUNK SEWER FEE
Cornelia Trunk Sewer Service Area
24.8178 Adjusted Gross Acres @ $0.00 per AG Ac ria
( OVERLAY SEWER SERVICE AREA
Millbrook Oveday Service Area
24.8178 Adjusted Gross Acres @ $0.00 per AG Ac ria
5. NON-URBAN GROWTH MANAGEMENT(UGM)IMPACT FEES&CONSTRUCTION CREDITS
(a T) RAFFIC SIGNAL CHARGE
131 Living Units(residential) @ $414.69 per Unit $54 324.39
Less Estimated Traffic Signal Charge Construction Credits $0.00
Traffic Signal Charge54 324.39 $829.:38:]* $53 495.01
Total Impact Fees i3 Charges $524,369.22 $317,058.91 $247,334.70
Note: EXTENSION total includes net results of construction credits
SUMMARY
TOTAL(A) MISCELLANEOUS FEES&CHARGES $84,845.411
TOTAL(B) IMPACT FEES&CHARGES $317 058.91 $247,334,701
TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT cash $401,904.32
EXHIBIT B vi 1/01/01 Printed 03/25/05 9:43:50 AM Page 4 of 4 Revised 03/25/05
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
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County of vf,��
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On d j zS before me, l/tom fT�
Date V44--k
� Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
personally appeared �� /`
Name(s)of Signer(s)/911 )
personally known to me
❑ proved to me on the basis of satisfactory
evidence
I
to be the person(s) whose name(s) is/are )
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
-�rrr►.�.,�.4 capacity(ies), and that by his/her/their
V.C.PAT-TON signature(s) on the instrument the person(s), or
Commission#1326MM Z the entity upon behalf of which the person(s)
ZqWMYCWM
Notary Public-Califomia
Tulam County acted, executed the instrument.
EMiMS Nov 21,2005
WITNESS my hand and official seal.
1/C�_fir
Place Notary Seal Above Signature of Notary Public
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01999 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313.2402•www.nationainotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827